City Council Agenda

CITY COUNCIL MEETING AGENDA December 21, 2020, at 7:00 p.m. This meeting will occur via video conferencing to provide an environment that will comply with the Governor’s Phase II COVID-19 Directive. Public comment can be provided via email to publiccomment@kalispell.com or verbally during the video conference. Register to join the video conference at: https://us02web.zoom.us/webinar/register/WN_IbJhw_AWSImzhFvNwhku1g. A. CALL TO ORDER B. ROLL CALL C. PLEDGE OF ALLEGIANCE D. AGENDA APPROVAL E. CONSENT AGENDA All items listed on the consent agenda will be accepted by one motion. If a council member desires to discuss an item separately, the item can be removed from the consent agenda by motion. 1. Council Minutes – December 7, 2020 F. COMMITTEE REPORTS G. PUBLIC COMMENT Persons wishing to address the council are asked to provide public comment via email to publiccomment@kalispell.com or verbally during the video conference. Register at: https://us02web.zoom.us/webinar/register/WN_IbJhw_AWSImzhFvNwhku1g. Please provide your name and address for the record. H. REPORTS, RECOMMENDATIONS, AND SUBSEQUENT COUNCIL ACTION Persons wishing to address the council on individual agenda items are asked to provide public comment via email to publiccomment@kalispell.com or verbally during the online meeting. Please provide your name and address for the record. 1. Resolution 6008 – City Council Decision on Woodland Apartments LLC Appeal of Site Review Committee Determination This resolution sets forth the City Council’s findings of fact and rationale for its decision on Woodland Apartments, LLC appeal from a Site Development Review Committee determination. Page 1 of 3  Kalispell City Council Agenda, December 21, 2020 2. Award the Water System Telemetry and Supervisory Control and Data Acquisition Upgrade Project to Neely Electric, Inc. This item awards a bid to Neely Electric, Inc. in the amount of $141,237 to update the SCADA and telemetry systems for Kalispell’s public water facilities. 3. Appointment to the Tourism Business Improvement District Board This item considers the appointment of a large property representative to the TBID. 4. Recommendation to the County Commission for Appointment to the 911 Operations Board This item recommends to the County Commission the appointment of Kalispell Police Chief Doug Overman or his designee to the County 911 Operations Board. I. CITY MANAGER, COUNCIL, AND MAYOR REPORTS (No Action) J. ADJOURNMENT UPCOMING SCHEDULE / FOR YOUR INFORMATION Next Work Session Cancelled – December 28, 2020, at 7:00 p.m. – Council Chambers Next Regular Meeting – January 4, 2021, at 7:00 p.m. – Council Chambers Watch regular City Council sessions live on Charter Cable Channel 190 or online at the Meetings on Demand tab at www.kalispell.com. Page 2 of 3 Kalispell City Council Agenda, December 21, 2020 ADMINISTRATIVE CODE Adopted July 1, 1991 Section 2-20 Manner of Addressing Council a. Each person not a Council member shall address the Council, at the time designated in the agenda or as directed by the Council, by stepping to the podium or microphone, giving that person's name and address in an audible tone of voice for the record, and unless further time is granted by the Council, shall limit the address to the Council to three minutes. b. All remarks shall be addressed to the Council as a body and not to any member of the Council or Staff. c. No person, other than the Council and the person having the floor, shall be permitted to enter into any discussion either directly or through a member of the Council, without the permission of the Presiding Officer. d. No question shall be asked of individuals except through the Presiding Officer. PRINCIPLES FOR CIVIL DIALOGUE Adopted by Resolution 5180 on February 5, 2007 ◼ We provide a safe environment where individual perspectives are respected, heard, and acknowledged. ◼ We are responsible for respectful and courteous dialogue and participation. ◼ We respect diverse opinions as a means to find solutions based on common ground. ◼ We encourage and value broad community participation. ◼ We encourage creative approaches to engage in public participation. ◼ We value informed decision-making and take personal responsibility to educate and be educated. ◼ We believe that respectful public dialogue fosters healthy community relationships, understanding, and problem solving. ◼ We acknowledge, consider, and respect the natural tensions created by collaboration, change, and transition. ◼ We follow the rules & guidelines established for each meeting. Page 3 of 3  CITY COUNCIL DRAFT MEETING MINUTES December 7, 2020, at 7:00 p.m. This meeting occurred via video conferencing to provide an environment that complied with the Governor’s Phase II COVID-19 Directive. Public comment was available via email to publiccomment@kalispell.com or verbally during the video conference with registration to join the video conference at: https://us02web.zoom.us/webinar/register/WN_rK_RKFZNRFylyuZRhbjscw. A. CALL TO ORDER Mayor Johnson called the meeting to order at 7 p.m. B. ROLL CALL Mayor - Mark Johnson: Present Council Member - Kari Gabriel: Present Council Member - Sandy Carlson: Present Council Member - Sam Nunnally: Absent Council Member - Chad Graham: Present Council Member - Kyle Waterman: Present Council Member - Ryan Hunter: Present Council Member - Tim Kluesner: Present Council Member - Sid Daoud: Present Staff present in the City Hall Council Chambers included City Manager Doug Russell, City Attorney Charles Harball, City Clerk Aimee Brunckhorst, Director of Development Services Jarod Nygren, Senior Planner P.J. Sorensen, Senior Engineer Keith Haskins, Planner II Rachel Ezell, and IT Director Erika Billiet. C. PLEDGE OF ALLEGIANCE D. AGENDA APPROVAL Motion and Vote to approve the agenda as submitted. Council Member - Kyle Waterman: Motion Council Member - Kari Gabriel: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Approve Council Member - Sam Nunnally: Absent Council Member - Chad Graham: Approve Council Member - Kyle Waterman: Approve Council Member - Ryan Hunter: Approve Page 1 of 9  Kalispell City Council Minutes, December 7, 2020 Council Member - Tim Kluesner: Approve Council Member - Sid Daoud: Approve The motion passed unanimously on voice vote with Councilor Nunnally absent. E. CONSENT AGENDA All items listed on the consent agenda will be accepted by one motion. If a council member desires to discuss an item separately, the item can be removed from the consent agenda by motion. 1. Council Minutes – November 16, 2020 Motion and Vote to approve the consent agenda as published. Council Member - Kyle Waterman: Motion Council Member - Sandy Carlson: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Approve Council Member - Sam Nunnally: Absent Council Member - Chad Graham: Approve Council Member - Kyle Waterman: Approve Council Member - Ryan Hunter: Approve Council Member - Tim Kluesner: Approve Council Member - Sid Daoud: Approve The motion passed unanimously on voice vote with Councilor Nunnally absent. F. COMMITTEE REPORTS – None. G. PUBLIC COMMENT Persons wishing to address the council were asked to provide public comment via email to publiccomment@kalispell.com or verbally during the video conference. General public comment received between 12-03-20 and 12-09-20 can be found at: https://time.ci.kalispell.mt.us/WebLink/Browse.aspx?id=136901&dbid=0&repo=Kalispell. Mayor Johnson opened public comment. Seeing none, he closed general public comment. H. REPORTS, RECOMMENDATIONS, AND SUBSEQUENT COUNCIL ACTION 1. Peterson Acre Final Plat This item would approve a final plat for a 4-lot minor residential subdivision on 1.01 acres at 435 College Avenue. Senior Planner P.J. Sorensen provided the staff report. Public Comment Mayor Johnson opened public comment. Seeing none, he closed public comment. Page 2 of 9  Kalispell City Council Minutes, December 7, 2020 00:05:41 Motion and Vote to approve Peterson Acre Final Plat as proposed. Council Member - Ryan Hunter: Motion Council Member - Tim Kluesner: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Approve Council Member - Sam Nunnally: Absent Council Member - Chad Graham: Approve Council Member - Kyle Waterman: Approve Council Member - Ryan Hunter: Approve Council Member - Tim Kluesner: Approve Council Member - Sid Daoud: Approve The motion passed unanimously on roll call vote with Councilor Nunnally absent. 2. Eagle Valley Ranch Phase 1 Final Plat and Subdivision Improvement Agreement This item would approve final plat of a 49-lot residential subdivision encompassing 21.9 acres located along Highway 93 south of Ponderosa subdivision, east of Northern Pines Golf Course and north of the Montana National Guard facilities. Senior Planner P.J. Sorensen provided the staff report. Questions for staff. Public Comment Mayor Johnson opened public comment. Seeing none, he closed public comment. 00:10:16 Motion to approve the final plat and subdivision improvement agreement for Eagle Valley Ranch Phase 1. Council Member - Sid Daoud: Motion Council Member - Kari Gabriel: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Approve Council Member - Sam Nunnally: Absent Council Member - Chad Graham: Approve Council Member - Kyle Waterman: Approve Council Member - Ryan Hunter: Approve Council Member - Tim Kluesner: Approve Council Member - Sid Daoud: Approve The motion passed unanimously on roll call vote with Councilor Nunnally absent. 3. Woodland Apartments Site Review Appeal This item considers an appeal from Woodland Apartments, LLC to a Site Development Review Committee condition. Page 3 of 9  Kalispell City Council Minutes, December 7, 2020 The appellant for this item, Paul Bardos with Bardos Construction presented his case for this appeal. 00:27:57 City Attorney Charlie Harball provided the staff report on this item. Councilor Hunter asked questions of staff. 00:40:51 Senior Engineer Keith Haskins answered questions from Council about the related streets. 00:43:45 Councilor Daoud asked questions regarding the design standards. 00:45:31 Councilor Graham asked questions regarding curb, gutter and sidewalk. 00:47:04 Councilor Waterman asked a question regarding other properties annexed on the street. 00:47:45 Councilor Kluesner asked about similar conditions for other properties. 00:50:21 Mayor Johnson asked Mr. Bardos about item #4, the item under appeal. He asked for further clarification from Mr. Bardos regarding the conditions that were put in place at the time of approval. Mr. Bardos responded to Mayor Johnson’s questions. 00:55:41 Mayor Johnson asked questions of staff related to vehicle impacts and the purpose of the design standards. 01:00:08 Mr. Bardos presented closing arguments talking about the water line extension and about the Woodland Drive ‘triangle’ of land and how that affects the site design. 01:01:40 Mayor Johnson framed the discussion for appeal talking about the findings that need to be addressed. 01:02:31 Councilor Daoud asked a process question which was answered by Attorney Harball. 01:04:06 Councilor Graham provided discussion regarding findings and how the findings already determined by the Planning Board and Council previously still apply. He spoke regarding how the design standards are applied the same to all applicants including this case. 01:06:38 Mayor Johnson spoke to confirm Councilor Graham’s comments. 01:07:09 Councilor Waterman provided discussion related to the approval process. 01:08:01 Councilor Hunter provided discussion re-iterating that part of the conditions at the time of approval were to bring the roads up to design standards. The objection to this condition should have been made at that time. He spoke regarding the traffic impacts of this project and how sidewalks, boulevards, and gutters are an important part of street infrastructure. He spoke to Page 4 of 9  Kalispell City Council Minutes, December 7, 2020 street standards and how they also help assure pedestrian safety and general value to the community. Councilor Hunter feels it was clear in the original findings and approval process that this application would need to comply with city design standards. 01:11:35 Mayor Johnson summarized for Council that they were comfortable with the approval process that this project went through and the conditions that were put into place and finds that the use for the right-of-way is consistent with the impact of the project and fitting in and maintaining consistency with the municipality. He spoke to consistency across developers in applying the design standards. He asked for consensus from the Council regarding whether they were ready to ask staff to bring forth a Resolution at the next meeting consistent with this evaluation. The Council all nodded their heads affirmatively. 4. Old School Station Lot 3a, 8 and 9 Offer to Purchase This item considers approval of a counteroffer for Matterhorn Capital L.L.C to purchase Lots 3a, 8, and 9 in Old School Station. Development Services Director Jarod Nygren presented the staff report. Questions for staff. Public Comment Mayor Johnson opened public comment. Seeing none, he closed public comment. 01:23:31 Motion to proceed with the counteroffer for Old School Station Lot 3a, 8 and 9 as presented. 01:24:53 Councilor Hunter provided discussion on the motion. Council Member - Tim Kluesner: Motion Council Member - Sandy Carlson: 2nd 01:25:52 Councilor Daoud provided discussion on the motion. Mayor Johnson provided discussion on the motion. City Manager Russell provided a summary of why the city originally purchased these lots. Vote on the motion. Council Member - Tim Kluesner: Motion Council Member - Sandy Carlson: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Approve Council Member - Sam Nunnally: Absent Council Member - Chad Graham: Approve Council Member - Kyle Waterman: Approve Council Member - Ryan Hunter: Approve Council Member - Tim Kluesner: Approve Page 5 of 9  Kalispell City Council Minutes, December 7, 2020 Council Member - Sid Daoud: Approve The motion was approved unanimously with Councilor Nunnally absent. 5. Resolution 6006 – Kalico Art Center Proposal for Art Installation on Traffic Signal Boxes This resolution would approve the Kalico Art Center to proceed with a proposed art installation project on traffic signal boxes in downtown Kalispell subject to a maintenance and use agreement. City Manager Doug Russell presented the staff report on this item. Councilor Kluesner asked questions for staff. 01:39:37 Councilor Daoud asked questions for staff. 01:41:24 Councilor Carlson asked questions for staff. 01:42:12 Councilor Waterman spoke to questions posed by Councilor Kluesner. 01:43:07 Councilor Kluesner continued questions for staff. Public Comment Mayor Johnson opened public comment. Jemina Watstein, Public Comment Ms. Watstein of 149 Main Street, Executive Director from Kalico answered several questions posed by Council. The call for artists that would go out would emphasize what western Montana has to offer. She also has a commitment from Wrap Hive to repair and maintain the wraps for up to five years. Public comment received on this item to publiccomment@kalispell.com can be found at: https://time.ci.kalispell.mt.us/WebLink/Browse.aspx?id=136899&dbid=0&repo=Kalispell. Seeing no further public comment, Mayor Johnson closed public comment. 01:48:15 Motion to approve Resolution 6006, a resolution approving the Kalico Art Center to proceed with a proposed art installation project on traffic signal boxes in downtown Kalispell. Council Member - Kyle Waterman: Motion Council Member - Sid Daoud: 2nd Councilor Waterman provided discussion on the motion. 01:49:47 Councilor Hunter provided discussion on the motion. 01:50:12 Councilor Daoud provided discussion on the motion. Page 6 of 9  Kalispell City Council Minutes, December 7, 2020 01:50:45 Councilor Graham asked staff a question. 01:52:39 Councilor Kluesner provided discussion on the motion. Vote on the motion. Council Member - Kyle Waterman: Motion Council Member - Sid Daoud: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Approve Council Member - Sam Nunnally: Absent Council Member - Chad Graham: Approve Council Member - Kyle Waterman: Approve Council Member - Ryan Hunter: Approve Council Member - Tim Kluesner: Disapprove Council Member - Sid Daoud: Approve The motion passed on roll call vote with Councilor Kluesner opposed and Councilor Nunnally absent. 6. Resolution 6007 – Granting Authority to the City Manager to Request Assistance from the Attorney General Office This resolution would grant the City Manager the discretion and authority to request criminal prosecution assistance from the Attorney General as needed. City Attorney Charlie Harball presented the staff report on this item. Councilor Hunter began questions for staff. 02:01:07 Councilor Daoud asked questions for staff. Public Comment Mayor Johnson opened public comment. Seeing none, he closed public comment. 02:03:30 Motion to approve Resolution 6007, a resolution providing the authority to the City Manager to seek assistance from the Office of the Montana Attorney General for certain criminal prosecutions as allowed by statute. Council Member - Kyle Waterman: Motion Council Member - Kari Gabriel: 2nd Discussion on the motion. 02:05:06 Vote on the motion. Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Approve Council Member - Sam Nunnally: Absent Page 7 of 9  Kalispell City Council Minutes, December 7, 2020 Council Member - Chad Graham: Approve Council Member - Kyle Waterman: Approve Council Member - Ryan Hunter: Approve Council Member - Tim Kluesner: Approve Council Member - Sid Daoud: Approve The motion passed unanimously on roll call vote with Councilor Nunnally absent. I. CITY MANAGER, COUNCIL, AND MAYOR REPORTS (No Action) The City Manager provided the following report: • Mr. Russell thanked Council and staff for working through the appeal process that was brought before them today. He recognized that this was the first appeal ever brought to the City of Kalispell. He confirmed a Resolution on the item would be brought forward at the next regular meeting. He also said staff would prepare a memo for council related to the questions raised about impervious services. • The work session next Monday will include multiple updates including the historic standards process that BID has spearheaded, the request for proposal for the lot on 9th street, and timeline updates for the core area project. • The new State legislation regarding marijuana will eventually be coming back before Council as it relates to permitting and our current zoning process. 02:08:02 Councilor Graham asked about timing for a work session regarding Lawrence Park. City Manager Russell spoke to timing and scope of the Lawrence Park discussion. 02:09:48 Councilor Waterman asked whether the Mayor would be amenable to providing a letter of support for the Flathead Health Center as they apply for a grant. He spoke further about the need for the letter. Councilor Waterman explained that the City-County Health Department have extended a job offer for the Health Officer position to Joe Russell and are hoping to have a meeting on Wednesday to approve that contract. He would then like to see Mr. Russell present to the Council at a meeting in January. 02:11:27 the Mayor said he would be amenable to a letter of support for the Health Center and confirmed with Council that they would be okay with that as well. 02:11:42 Councilor Hunter touched on some of the comments that Paul Bardos made during the appeal tonight. He asked for staff’s opinion on permeable surfaces and boring a water line under the property versus under the street. J. ADJOURNMENT Mayor Johnson adjourned the meeting at 9:12 p.m. ________________________________________ Aimee Brunckhorst, CMC City Clerk Page 8 of 9  Kalispell City Council Minutes, December 7, 2020 Minutes approved on 2020 UPCOMING SCHEDULE / FOR YOUR INFORMATION Next Work Session – December 14, 2020, at 7:00 p.m. – Council Chambers Next Regular Meeting – December 21, 2020, at 7:00 p.m. – Council Chambers Watch City Council sessions live on Charter Cable Channel 190 or online at the Meetings on Demand tab at www.kalispell.com. Page 9 of 9  City of Kalispell Charles A. Harball Office of City Attorney Tel 406.758.7709 City Attorney 201 First Avenue East Fax 406.758.7758 P.O. Box 1997 charball@kalispell.com Kalispell, MT 59903-1997 _______________________ MEMORANDUM TO: Doug Russell, City Manager FROM: Charles Harball, City Attorney SUBJECT: Resolution 6008 – City Council Decision on Woodland Apartments LLC Appeal of Site Review Committee Determination DATE: December 21, 2020 DISCUSSION: Pursuant to Kalispell Municipal Code §27.20.120(4) Woodland Apartments LLC appealed to the City Council to overrule a specific condition placed on the appellant by the Kalispell City Site Review Committee. That condition was that a building permit would not be issued until the appellant removed the reference to inverse condemnation made by the appellant in a calculation document it submitted. The appellant was thereby asserting that it is an act of inverse condemnation by the City to require a portion of the appellant’s property be dedicated to the City for the purposes of providing the public infrastructure of an urban street cross section as required by the City’s Design and Construction Standards. On December 7, 2020, the City Council held a duly noticed hearing in which it reviewed the record and heard from the appellant as well as the response from the City staff. After discussion of the matters presented and orally setting out their findings and rationale, the City Council determined to deny the appeal. Resolution No. 6008 is provided to the City Council to follow the requirements of KMC §27.20.120(4) by setting out the Council’s specific findings of fact, rationale, and determination in the form of a written resolution. RECOMMENDATION: The City Council should pass Resolution No. 6008 after it has carefully reviewed it and determined that it correctly represents its determination. Any changes to the resolution should be made by a motion to amend, considered, and voted upon by the City Council. ATTACHMENT: Resolution No. 6008  RESOLUTION NO. 6008 A RESOLUTION OF DECISION ON APPEAL BY WOODLAND APARTMENTS LLC FROM A SITE REVIEW COMMITTEE DETERMINATION PURSUANT TO KMC §27.20.120(4) WHEREAS, in June 2019, Woodland Apartments LLC submitted an application to the City for a conditional use permit [CUP] to construct a nine (9) unit apartment complex at 23 Woodland Park Drive/517 Shady Glen situated in a B-1 (Neighborhood Business) zone which requires a conditional use permit for such multifamily residential use (KMC §27.12.030); and WHEREAS, the City Planning staff reviewed the application and provided a staff report KCU- 19-03 to the City Planning and Zoning Board which considered the application and planning report prior to the duly noticed hearing on the matter held on July 9, 2019; and WHEREAS, during the public comment portion of the hearing, six members of the public spoke in opposition to the application request, expressing their apprehensions over increased traffic, pedestrian safety, garbage enclosure location and the general intensity of the multi-family use in close proximity to the single-family residential uses; and WHEREAS, when the public hearing was concluded the City Planning and Zoning Board adopted the staff report KCU-19-03 as its findings of fact and transmitted its recommendation to the Kalispell City Council that it also adopt the staff report as its findings of fact and to approve and issue a CUP to Woodland Apartments LLC as requested with all 12 conditions as recommended by the staff report as well as one additional condition involving the shielding of the trash receptacles; and WHEREAS, the matter was duly noticed for public hearing and City Council action on August 5, 2019 at which time the Council heard public comment, considered the transmitted recommendation of the City Planning and Zoning Board as well as the staff report KCU-19-03 and after a motion to adopt the staff report as its findings of fact and approve the recommendation of the Board, the City Council considered and approved the CUP with the 13 conditions recommended by its City Planning and Zoning Board; and WHEREAS, the applicant, Woodland Apartments LLC, through its representative Paul Bardos, was present at the City Planning and Zoning Board hearing and action as well as at the City Council hearing and action and voiced no protests or concerns about any of the conditions imposed in the CUP; and WHEREAS, in March 2020 Woodland Apartments LLC submitted partial plans for its project and staff began to review the project pursuant to condition 3 of the CUP which states, “To ensure the traffic flow and access comply with Kalispell Design and Construction Standards, the development shall receive Site Review Committee approval prior to issuance of the building permit”; and WHEREAS, among the considerations that the Site Review Committee attended to was to ensure compliance with the Kalispell Transportation Plan, a planning document previously adopted by the City Council designating Woodland Park Drive as a Minor Arterial and Shady Glen as a local street as well as condition 8 of the CUP which states, “Shady Glen Drive and Woodland Park Drive shall be upgraded to an urban standard in accordance with the City of Kalispell Construction and Design Standards the length of the property. Upgrades include sidewalks, curb and gutter, street trees and boulevard adjacent to the applicant’s property”; and WHEREAS, after considering the impacts upon the development and granting a number of deviations that were within its authority, the Site Review Committee determined that compliance with the Transportation Plan and the City Construction and Design Standards would, in order to place the necessary improvements of sidewalks, curb and gutter, street trees and boulevard adjacent the applicant’s property within the right-of-way, require approximately 2.5 feet along Shady Glen and a triangle containing approximately 135 square feet in the northwest corner of the property along Woodland Park Drive to be dedicated by Woodland Apartments LLC to the City; and WHEREAS, Woodland Apartments LLC, through its representative Paul Bardos, then objected to the required dedication, declaring that he was previously unaware this would be a requirement and he therefore made reference in the recreational amenity calculation he submitted, pursuant to condition 9 of the CUP, to the required dedication as a “city inverse condemnation Shady Glen widening”; and WHEREAS, the Site Review Committee granted a conditional approval to issue a building permit on October 22, 2020 with condition 4 stating that the applicant must, “Update recreational amenity calculation to remove reference to condemnation prior to issuing a building permit”; and WHEREAS, on November 12, 2020 Woodland Apartments LLC filed an appeal to condition 4 of the determination of the Site Review Committee to the City Council pursuant to KMC §27.20.120(4); and WHEREAS, on December 7, 2020 the City Council held a duly noticed hearing on the appeal and considered the written and oral presentations of the appellant, Woodland Apartments LLC and of the appellee, the Site Review Committee of the City; and WHEREAS, when the hearing was completed the City Council considered the matter on the record and orally made its findings of fact, as set forth below, and determined to uphold the actions of the Site Review Committee, directing the City Attorney’s Office to present the same as a resolution for consideration by the City Council at its regularly scheduled meeting on December 21, 2020. HAVING FULLY CONSIDERED the appeal of Woodland Apartments LLC from the condition 4 of the Site Review Committee’s conditional approval to issue a building permit, the City Council makes the following Findings of Fact: 1) The appellant, Woodland Apartments LLC, asserts that the Findings of Fact, as expressed by the staff report KCU-19-03 and adopted by the City Planning and Zoning Board and by the City Council is inconsistent with the evidence presented. The appellant points to the comment made by a planning staff member during the hearing that the roads serving the property were adequate to carry the increased traffic predicted to accompany the Woodland Apartments development. This statement, however, must be considered in context with all other evidence presented and available in the matter. Public comment, including neighbors of the property, expressed concern about how the increased traffic would negatively impact these roadways which are currently constructed as a rural cross-section, lacking curb, gutter, boulevard, or sidewalk. Taken in context, the staff member seems to have been addressing this public comment as a reassurance to the concerned public that the roadway would be improved to address their concerns for the safety of pedestrians as well as for the vehicular travelers. Further, the purposes of the design and construction standards for city streets, approved and adopted by the City Council, go beyond the extent to which the city streets can adequately carry vehicular traffic. The design of the city streets must also take into account a safe separation of pedestrian and vehicular traffic with sidewalks and the additional function of boulevards which serve as space for snow storage. The curb and gutter serve to direct storm water properly, not only for the safety of vehicular travel but also to reduce the potential damage to private and public property. The appellant presented no evidence to refute this. The City has taken the further steps to consider and adopt a studied Transportation Plan that takes into account the traffic patterns within the city to determine the most appropriate design and construction standards for its various roadways. The requirements of the roadways that serve the property proposed to be developed by appellant have therefore been considered by the City Council within the Transportation Plan. The appellant presented no evidence to contest the designation of these roadways or the appropriateness of the design and construction standard required therein. Therefore, the staff report KCU-19-03 approved and adopted by the City Council as its Findings of Fact is consistent with the evidence and the record before the City Council. 2) The appellant, Woodland Apartments LLC, further asserts that certain conditions of the CUP should not apply to its development, or, to put it another way, that the conditions imposed by the City Council are somehow inconsistent with its Findings of Fact. The particular condition of the CUP apparently contested by the appellant is number 7 which states, “Shady Glen Drive and Woodland Park Drive shall be upgraded to an urban standard in accordance with the City of Kalispell Construction and Design Standards the length of the property. Upgrades include sidewalks, curb and gutter, street trees and boulevard adjacent the applicant’s property.” Although the appellant specifically only appealed the requirement to remove his written reference to an inverse condemnation of his property and that is all that is necessary for the Council to address in this appeal, he did argue extensively that, as a matter of policy, the City Construction and Design Standards should not apply to a small multi-family development such as the Woodland Apartments. This argument belies the fact that the purposes of the standards that require “sidewalks, curb and gutter, street trees and boulevard adjacent the applicant’s property” remain the same regardless of the size of the multi-family development and these purposes serve the health, safety and welfare of the residents of the appellant’s development as well as the neighboring properties and the traveling public in general. All developments are required to comply with the City of Kalispell Design and Construction Standards (Section 4.1.1.A), as adopted by the City Council, and extend necessary improvements to the far property line of the development (Section 4.1.1.C). Except for single-family and duplex building permits, any subdivision or other development must make the designated upgrades to comply with the Transportation Plan and the Design and Construction Standards. The appellant’s property is zoned as B-1 (Neighborhood Business) in which single-family and duplex residences are a permitted use. It is therefore the appellant’s election whether or not to develop the property beyond the permitted uses and to accept the conditions placed upon the conditional use or to develop a permitted use. Conditional use permits are discretionary, as opposed to permitted uses, which are allowed as a matter of right. They are subject to review criteria contained in KMC §27.33.080 which are intended to ensure that the proposed use has no more impact on the neighborhood than generally permitted uses in the zoning district. Under KMC §27.33.090, the burden of proof for satisfying review criteria rests “with the applicant and not the City Council. The granting of the CUP is a matter of grace, resting in the discretion of the City Council and a refusal is not the denial of a right, conditional or otherwise.” Based upon the record, the Council can approve, conditionally approve, or deny a CUP request under KMC §27.33.030(3), provided that it does not abuse its discretion. It is therefore necessary that the City Council not abuse its discretion by arbitrarily waiving conditions it places on other developments as a matter of its own regulation. The Conditions imposed by the City Council in the CUP issued to Woodland Apartments LLC are therefore consistent with the Findings of Fact that it adopted. 3) The appellant, Woodland Apartments LLC, asserts that the condition proposed by the Site Review Committee that requires a dedication to the City of a certain portion of his property, as stated above, is an unreasonable taking of his property without just compensation under the analysis set forth in Dolan v. City of Tigard - 512 U.S. 374, 114 S. Ct. 2309 (1994). The Dolan analysis requires the City to make some sort of individualized determination that the required dedication is related both in nature and extent to the impact of the proposed development. Although the court provides no precise mathematical calculation to use, it does require some consideration by the City, even if it is a rough proportionality of impacts upon the property owner. The City Council notes that the Site Review Committee has appropriately applied the City of Kalispell Design and Construction Standards as well as the Kalispell Transportation Plan in this matter. The appellant disagrees with the result and considers this to be a matter of inverse condemnation. He is therefore asking the City Council to consider the nature and extent of the dedication requirement impacts upon his development and to determine whether or not his property is bearing a larger proportion of the burden of meeting the standards than it equitably should. The applicant’s objection seems to go to the dedication of his property to meet the requirements of providing the area to meet the street cross-section width. This amounts to a dedication of approximately 2.5 feet along Shady Glen and a triangle containing approximately 135 square feet in the northwest corner of the property along Woodland Park Drive. The City’s Design and Construction Standards in this matter do not require the landowner to make any improvements to the roadways beyond the length of his property. Nor is the landowner being required to provide the sidewalks, curb and gutter, street trees and boulevard on the other side of the street from his property or anywhere else beyond the extent of his property. As stated above, these urban street cross sections do provide a significant increased level of safety, health and welfare to the abutting properties in the matters of pedestrian and vehicular traffic safety, storm water direction and the preservation of private property and public infrastructure serving the properties. The City Council concludes that the nature of the impact to the appellant’s property is proportional to the benefits the improvements will provide to the appellant’s property as compared to the benefits the improvements will provide to the neighboring properties and to the traveling public. The Site Review Committee further considered a number of other matters within its discretion under the City’s Design and Construction Standards that would otherwise have increased the extent of the impacts to the development. During the course of the review, staff worked with the applicant to make deviations from other standards where allowable under the city regulations to fit improvements on the property with the new boundaries. Public Works granted 5 deviations relating to the location of the storm drainage facilities, including the setback from the right-of-way. The Planning Department granted an administrative adjustment to reduce a required buffer between the parking and right-of- way line. These deviations minimized any potential impact on the site design which may have occurred with the right-of-way dedication. The City Council agrees with these deviations made by City staff and concludes that they were appropriate. Through this means the City has been able to assure that the extent of the impacts to the appellant’s property remain roughly proportional to benefits it is receiving. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION 1. That the appeal of Woodland Apartments LLC to overrule the Site Review Committee’s determination that the Appellant dedicate approximately 2.5 feet along Shady Glen and a triangle containing approximately 135 square feet in the northwest corner of the property along Woodland Park Drive to the City is hereby denied. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS 21st DAY OF DECEMBER, 2020. __________________________________ Mark Johnson Mayor ATTEST: ______________________ Aimee Brunckhorst, CMC City Clerk  MEMORANDUM To: Doug Russell, City Manager From: Susie Turner, PE – Public Works Director Re: Project Bid Recommendation for the Kalispell Public Water System SCADA and Telemetry Update Meeting Date: December 21, 2020 BACKGROUND: As part of the fiscal year 2021 budget, funds were allocated to update the antiquated Supervisory Control and Data Acquisition (SCADA) and telemetry systems for Kalispell’s public water facilities. The SCADA system utilizes complex instrumentation, controls, and software systems to operate and monitor water system facilities. Unlike the existing proprietary SCADA system, the upgrades will allow operators to manage and program the system internally through remote access and technology advancements. Additionally, the telemetry radio system, which is no longer supported by the industry, will be updated to provide the equipment and communication required to send operational data for the control system to function properly. This project is broken into three components and responsibilities. Component 1 consists of the design, software programing, and construction oversite and is the responsibility of the Consultant. Component 2 involves the rebuilding of the PLC and OIT in the control panels, electrical systems, and telemetry installs, and is the responsibility of the Contractor. Component 3 entails the purchase and installation of new meters, pressure sensors, and software, and is the responsibility of internal City Staff. Solicitations for bids to complete the Contractor Component for the SCADA project was advertised in November and December of 2020. BIDDING RESULTS: Sealed bids were opened at 3:00 pm on Thursday, December 10, 2020. Four responsive bids were received, with Neely Electric, Inc. of Missoula, Montana being the apparent low bidder. The bid results are as follows: Contractor Bid Price Neely Electric Inc $141,237 Townsend Controls and $188,250 Electric Stillwater Electric $190,435 SOAP Engineering $398,000 Engineer’s Estimate $132,307 Neeley Electric, Inc.’s bid submittal and references were reviewed and certified by the City’s consultant, AE2S Inc. Based upon their review, they have recommended the project be awarded to Neely Electric, Inc. 201 1st Avenue E Phone (406)758-7720 PO BOX 1997 Public Works Department Fax (406)758-7831 Kalispell, MT 59903 www.kalispell.com FISCAL EFFECTS: The FY 21 Water Fund budget allocation for this project is $305,000 and is shown as SCADA Control System Upgrades line item # 5210-447-430550-951. The current budget amount for the SCADA and telemetry upgrades is insufficient by ~ $26,162, upon totaling the costs to perform all three components of this project. The project cost difference is due to un-anticipated costs at the time the budgets were created (i.e., Wonderware software upgrade with Historian and a new antenna), and the contractor bid came in slightly higher than estimated. There are sufficient funds remaining in the Capital Outlay – Operating Fund (rates) to cover the cost difference for the SCADA Upgrades. In the FY 21 Water Fund budget, Line item # 971- 10th Ave W & 2nd St W R&R project is complete and has a remaining balance of $85,670. ACTION REQUESTED: Motion to award the Water System Supervisory Control and Data Acquisition (SCADA) and Telemetry Update Project to Neely Electric, Inc. ALTERNATIVES: As suggested and approved by the City Council. ENCLOSURE: Engineer of Record – Bid Certification Letter 2 Kalispell Water System Telemetry and SCADA Upgrades (#7390567) Owner: City of Kalispell Solicitor: AE2S - Bismarck, ND 12/10/2020 02:30 PM MST Neely Electric Inc Townsend Controls and Electric Stillwater Electric, Inc. SOAP Engineering Section Title Line Item Item Code Item Description UofM Quantity Unit Price Extension Unit Price Extension Unit Price Extension Unit Price Extension Water System Telemetry and SCADA Upgrades Base Bid $141,237.00 $188,250.00 $190,435.00 $389,000.00 1 1 Buffalo Hills - 100 Buffalo Hill Dr - New Master PLC and Data LSRadio (temporary 1 installation); $14,726.00 To include tie-in $14,726.00 conncection of Storage $8,000.00 Reversoir #1; $8,000.00 Coaxial cable and $11,693.00 antenna to be installed $11,693.00 by Others $35,363.00 $35,363.00 2 2 Sheepherder GSR - 297 West Valley Dr LS 1 $13,171.00 $13,171.00 $13,500.00 $13,500.00 $17,900.00 $17,900.00 $35,363.00 $35,363.00 3 3 Section 36 Well - 631 Timberwolf Pkwy LS 1 $9,958.00 $9,958.00 $4,500.00 $4,500.00 $9,680.00 $9,680.00 $35,363.00 $35,363.00 4 4 Armory Well - 1838 Hwy 93 S LS 1 $13,811.00 $13,811.00 $18,500.00 $18,500.00 $18,795.00 $18,795.00 $35,363.00 $35,363.00 5 5 Westview Well - 161 Ali Loop LS 1 $14,450.00 $14,450.00 $19,750.00 $19,750.00 $19,240.00 $19,240.00 $35,363.00 $35,363.00 6 6 Depot Well - 15 1st Ave EN LS 1 $13,810.00 $13,810.00 $18,000.00 $18,000.00 $18,748.00 $18,748.00 $35,363.00 $35,363.00 7 7 Grandview Well (2 wells) - 735 Grandview Dr LS 1 $14,707.00 $14,707.00 $22,500.00 $22,500.00 $19,494.00 $19,494.00 $35,363.00 $35,363.00 8 8 Old School Well (2 wells) - 159 Schoolhouse Loop LS 1 $14,913.00 $14,913.00 $24,500.00 $24,500.00 $19,741.00 $19,741.00 $35,363.00 $35,363.00 9 9 Silverbrook Well - 952 Franklin Way LS 1 $14,340.00 $14,340.00 $21,000.00 $21,000.00 $19,741.00 $19,741.00 $35,363.00 $35,363.00 10 10 Buffalo Hills - 100 Buffalo Hill Dr - Permanent installation of PLC LS and Data1Radio; Completion $4,000.00 of tie-in connection $4,000.00 to the Elevated $19,500.00 Tank, Storeage $19,500.00 Reservoirs #2, Well, $17,806.00 and 4 Booster Pumps $17,806.00 $35,363.00 $35,363.00 11 11 Noffsinger Springs - 1000 Lawrence Park Rd LS 1 $13,351.00 $13,351.00 $18,500.00 $18,500.00 $17,597.00 $17,597.00 $35,370.00 $35,370.00 Base Bid Total: $141,237.00 $188,250.00 $190,435.00 $389,000.00  City Clerk’s Office (406) 758-7756 cityclerk@kalispell.com P.O. Box 1997, 201 First Avenue East Kalispell, Montana, 59903 www.kalispell.com REPORT TO: Doug Russell, City Manager FROM: Aimee Brunckhorst, CMC, City Clerk & Communications Manager SUBJECT: Appointment to the Tourism Business Improvement District Board MEETING DATE: December 21, 2020 BACKGROUND: The Tourism Business Improvement District was originally created in 2010 with Resolution 5425 with the regulations of the District created with Ordinance 1675. In 2019, Resolution 5954 was passed renewing the TBID for an additional 10 years beginning July 1, 2020. Ordinance 1833 was then passed to establish the regulations for the new TBID. The District is governed by a Board of Trustees to which the Mayor, with the approval of the City Council, appoints seven members of property within the district; two to represent a small property category, two to represent a medium property category, and three to represent a large property category. After initial appointment, members are appointed for a term of office of 4 years, or in the case of a resignation, the remainder of the original term. Joseph Alexander with the Red Lion Hotel who held one of the board positions representing the large property category recently resigned. Robert Hall with the Holiday Inn Express & Suites, and Andy Matthew with Montana Basecamp RV Resort has applied for the newly vacant position. The Holiday Inn Express represents 111 rooms thus qualifying as a large property representative, and Montana Basecamp represents 62 sites, at this time qualifying as a small property representative. RECOMMENDATION: Mayor Johnson offer a recommendation to appoint one applicant to represent a large property category on the Tourism Business Improvement District with a term expiring April 30, 2023. Council can then follow with a motion to accept the recommendation and confirm the appointment. ATTACHMENT: Robert Hall Board Application Andy Matthew Board Application  City Clerk’s Office (406) 758-7756 cityclerk@kalispell.com P.O. Box 1997, 201 First Avenue East Kalispell, Montana, 59903 www.kalispell.com REPORT TO: Doug Russell, City Manager FROM: Aimee Brunckhorst, CMC, City Clerk & Communications Manager SUBJECT: Appointment Recommendation to the 911 Operations Board MEETING DATE: December 21, 2020 BACKGROUND: The recent passage of a ballot measure and subsequent county resolution creating the Flathead Emergency Communications Center Special Tax District, shifted the operation of The Flathead County Emergency Communications Center (FECC) from the Administrative Board to Flathead County control. The current Interlocal Agreement and the FECC Administrative Board will terminate on December 31, 2020. An Operations Board created by the FECC Board to fulfill the requirements of the Criminal Justice Information Network (CJIN) and the National Crime Information Center shall retain its functionality under Flathead County. The Operations Board will be charged with the duties as outlined in the attached resolution. This board shall be composed of seven members appointed by the Flathead County Commissioners, including one member from the Kalispell Police Department. RECOMMENDATION: Council offer a recommendation to the Flathead County Commission to appoint Kalispell Police Chief Doug Overman or his designee to serve on the 911 Operations Board. ATTACHMENT: Flathead County Resolution 2528